§ 50-5-1404 — Patient Visitation Rights

50-5-1404 . Patient visitation rights. (1) A patient has a right to a minimum of 2 hours of in-person visitation a day, which, subject to clinical and safety restrictions, may not be limited to one visitor a day, restricted, terminated, suspended, or waived by a care facility, the department of public health and human services, or the governor, including during a state of emergency or disaster declared by the governor.
(2) A care facility may not:
(a) require a patient to waive the visitation rights specified in this section; or
(b) subject to 49-2-312 and 49-2-313 , impose a restriction on visitation based on a visitor's vaccination status or require a visitor to receive a vaccination.
(3) A care facility may, consistent with the precautions required to be taken by staff and other personnel:
(a) require a visitor to submit to health screenings necessary to prevent the spread of infectious diseases;
(b) restrict a visitor who does not pass health screening requirements;
(c) require a visitor to adhere to infection control procedures, including wearing personal protective equipment; and
(d) limit the number of persons in a room at one time pursuant to occupancy laws.
(4) A care facility shall post in a conspicuous place on the premises of the care facility informational materials developed by the department of public health and human services explaining the rights specified in this section.

Legislative History

En. Sec. 4, Ch. 406, L. 2023.